The job of a notary public is to act as an impartial, state-commissioned witness to the signing of important documents, verifying who the signer is and that they are signing willingly. A notary public’s job description centers on three functions: taking acknowledgments, administering oaths or affirmations for sworn statements, and (where state law permits) certifying copies of documents. The role is ministerial, which means a notary authenticates signatures and administers oaths but does not advise, interpret, or draft. It is a position that exists to deter fraud, and almost everything else about the job flows from that purpose.
What a Notary Does on the Job
The three notarial acts look similar from across the table, but each one does something different, and picking the wrong one can invalidate a document.
An acknowledgment is the most common act. The signer appears in person, proves identity, and confirms the signature on the document is theirs and was given voluntarily. The notary then attaches a certificate saying so. A signer can sign ahead of the appointment for an acknowledgment, as long as they personally appear and claim the signature.
A jurat goes further. The notary places the signer under oath or affirmation, and the signer swears the contents of the document are true. The signature has to happen in the notary’s presence. Jurats are standard for affidavits and court filings, and a false statement after that oath carries the same perjury exposure as lying on the witness stand.
Copy certification, where allowed, lets a notary certify that a photocopy is a true reproduction of an original. Most states carve out vital records like birth and death certificates, which have to come from the issuing agency.
The document itself usually signals which act is needed. A certificate block reading “subscribed and sworn before me” calls for a jurat; “acknowledged before me” calls for an acknowledgment. If the block is missing, the signer or their attorney has to specify the act, because the notary cannot make that choice for them.
Verifying the Signer’s Identity
Identity verification is the heart of the job. In practice, a notary examines a current, government-issued photo ID. A state driver’s license, U.S. passport, or military ID satisfies the requirement in virtually every state. Credit cards, Social Security cards, and student IDs do not.
If the photo does not match, the name does not match, or the ID is expired, the notary has to refuse. Accepting weak identification creates personal liability for the notary and can void the document. When acceptable ID is not available, many states allow one or two credible identifying witnesses who personally know the signer to vouch for identity under oath, with the witnesses themselves producing valid ID. That workaround exists for situations like hospital bedsides, not routine use.
What a Notary Cannot Do
The limits on the role are as defining as the duties. A notary cannot give legal advice, explain what a document means, recommend which notarial certificate to use, or draft legal documents. Even an innocent-sounding question like “should I sign this?” is off limits unless the notary is separately licensed as an attorney. The only safe response is to direct the person to their lawyer.
Beyond the practice-of-law line, a notary must refuse to act when any of the following is true:
- The notary has a financial or beneficial interest in the transaction or is named in the document.
- The signer appears to be under duress or coerced.
- The signer appears confused, intoxicated, or unaware of what they are signing.
- Identity cannot be established through acceptable ID or credible witnesses.
Refusing in these situations is not optional. It is one of the most important things a notary does, and it generates most of the pushback the job produces.
What Notaries Charge and Earn
Every state sets a maximum fee a notary can charge per notarial act. Caps run as low as $2 in some states and as high as $25 for a standard acknowledgment or jurat in others. A handful of states set no statutory cap and let the market decide. Remote online notarizations typically allow a higher fee, roughly $5 to $30 per act depending on the state, sometimes with a separate technology surcharge.
Those caps apply to the act itself. Mobile notaries who travel to the signer usually add a travel or convenience fee that is not subject to the same cap, which is why a mobile visit for a stack of loan documents can run $100 to $200 even though each individual act costs only a few dollars.
The higher-earning path is loan signing work. A notary signing agent is a notary who has taken additional training to handle mortgage and real estate closings. All signing agents are notaries; not all notaries do loan closings. During a closing the signing agent verifies the borrower’s identity, walks them through where to sign and initial without interpreting the terms, completes the notarial acts, and ships the package back to the lender or title company on tight deadlines. A single loan signing appointment typically pays $75 to $200, and experienced agents in active real estate markets can run several signings a day. Because signing agents handle sensitive financial data, many title companies and signing services require background checks beyond what the state commission itself demands.
How to Become a Notary Public
The authority to notarize comes from a commission granted by the state, usually through the Secretary of State’s office. The pathway varies but generally includes:
- Being at least 18 and either residing in the state or, in some states, working there regularly.
- Passing a background check. Felony convictions and certain other offenses can disqualify an applicant, with specifics set by state.
- Completing a mandatory education course covering notarial law, proper identification, certificates, record-keeping, and prohibited acts, followed in many states by a proctored exam.
- Purchasing a surety bond. Bond amounts generally range from $5,000 to $15,000 depending on the state. The out-of-pocket cost is a small annual premium, not the full bond amount.
- Paying state filing fees, which typically run between $20 and $80.
Commission terms usually last four years, though some states set shorter or longer periods. Renewal is required before the term expires and often means retaking the education course.
Two financial protections sit alongside the commission and are easy to confuse. A surety bond protects the public: if a notarial error causes someone financial harm, the injured person files a claim against the bond, and the surety company then seeks reimbursement from the notary. Errors and omissions insurance protects the notary, covering legal defense costs and damages up to the policy limit if the notary is sued or a bond claim is filed over an honest mistake. Most states do not require E&O coverage, but anyone notarizing regularly, especially for real estate, is carrying real financial risk without it. Basic coverage is typically under $100 per year.
Tools and Records the Job Requires
Every notary needs an official seal or stamp. State rules dictate the content, which nearly always includes the notary’s name, state of commission, commission expiration date, and a commission or registration number. The impression has to be legible when the document is scanned or copied, which is why most notaries use ink stamps rather than embossers.
A notary journal is a chronological log of every notarial act performed. Many states mandate journals by law, and even in states that do not, keeping one is the single best practice in the profession. Each entry records the date and time, the type of act, a description of the document, the signer’s name, the method of identification used (including the ID’s issuing agency and expiration date), and the fee charged. Some states require a thumbprint for certain documents, particularly those involving real property. The journal must be stored securely, is subject to inspection by the commissioning authority, and must be turned over according to state rules when a commission ends. Losing or destroying a journal can expose a notary to discipline.
Remote Online Notarization
Remote online notarization lets a signer and notary meet through a secure audio-video call. Identity is verified before the session through knowledge-based authentication questions and credential analysis, and the entire session is recorded. As of 2025, 44 states and the District of Columbia have enacted laws permitting remote online notarization for real estate and financial transactions.
Most states treat remote notarization as a separate authorization layered on top of the traditional commission. A notary who wants to work remotely typically has to register for the privilege, complete additional training, and use an approved technology platform. Interstate recognition of a remote notarization still depends on the receiving state’s laws, so a notary taking this path needs to understand both their home state’s rules and the rules that apply to the documents they are being asked to notarize.